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Guides
Commonly used guides include:
- The OIA for Ministers and agencies
- The LGOIMA for local government agencies
- Making official information requests: a guide for requesters
Detailed guidance on the official information legislation and aspects of good administrative practice.
We also have guidance on disability rights and protected disclosures.
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Case notes are a short case summary, often demonstrating an aspect of a case.
An Ombudsman's Opinion is published where there is public interest in showing the full details of a case.
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Template letters and work sheets
These template letters and work sheets can be used by agencies to help respond to official information requests.
24 Resources Show all
Report on an unannounced inspection of Whanganui Prison - 4 September 2018
OPCAT reportsThe following report has been prepared in my capacity as a National Preventive Mechanism under the Crimes of Torture Act 1989 (COTA). My function under the COTA is to examine and make any recommendations that I consider appropriate to improve the treatment and conditions of detained persons in a number of places of detention, including prisons. This report examines the treatment and conditions of persons detained in Whanganui Prison.Request for information about ERO review
Case notesSection 9(2)(ba)(i) OIA applied to information obtained from participants in review—express obligation of confidence—release would be likely to prejudice the future supply of information by participants—it is in the public interest for ERO to receive coRequest for information about staff grievances and allegations of bullying
OpinionsSam Sherwood, on behalf of Stuff, made a request to Selwyn District Council for information about staff grievances and allegations of bullying.Request for business plan for Christchurch Convention and Exhibition Centre
Case notesCompetitors could copy or adopt third party’s methodology and strategy and devise plans based on its established operating systems which would unreasonably prejudice its commercial position—information subject to an explicit obligation of confidence and of a confidential nature—release would damage the public interest by making suppliers reluctant to participate in future procurement processesReport on an unannounced follow-up inspection of Christchurch Women's Prison - 4 April 2018
OPCAT reportsIn 2007, the Ombudsmen were designated one of the National Preventive Mechanisms (NPMs) under the Crimes of Torture Act (COTA), with responsibility for examining and monitoring the general conditions and treatment of detainees in New Zealand prisons.Report on an unannounced inspection of Arohata Upper Prison - 21 March 2018
OPCAT reportsThe Upper Prison was facing considerable challenges. Resources, infrastructure and staffing were under pressure, which was compounded by the geographical separation from the administrative centre at Tawa. Day-to-day operating systems and arrangements for dealing with women were not fully embedded. Reception and induction processes were poor, and information for foreign prisoners was not available. Significant delays in access to personal property were a source of frustration for many women, reflected in the growing number of complaints and misconducts.Request for emails between MP and university researchers
Case notesSection 9(2)(ba)(i) OIA did not apply—no obligation of confidence—information voluntarily supplied with no reference to confidentiality—release of ‘benign’ information with the consent of the supplier would not be likely to prejudice the future supply oRequest for statistics on allegations of assault by Corrections staff
Case notesRequirements of Operations Manual meant source information to answer request should be held—manual compilation is not creation—s 18(g) does not apply—unreasonable to rely on s 18(f) when the fundamental difficulty in providing the information was down to the Department’s own administrative lapsesDepartment of Corrections staff to follow legislative requirements when segregating inmate
Case notesDepartment of Corrections held prisoner in Management Unit without following required procedure—segregation legislation and regulations are clear and prescriptiveImmigration New Zealand’s decision to issue Deportation Liability Notice unreasonable in circumstances
Case notesImmigration New Zealand (INZ)’s decision to issue a Deportation Liability Notice (DLN) was unreasonable—compliance officer inferred situation that complainant was then not given an opportunity to explain—Ombudsman sustained complaint—INZ restored immigration status to complainant with open conditionsRequest for draft venue development strategy
Case notesDraft venue development strategy prepared by consultant—refused because commercial and confidential—analysis preliminary and high-level—s 7(2)(f)(i) applies—public interest requires disclosure of a summary statementRequest for information on taser use
Case notesReview and manual extraction of details from 282 tactical operations reports—s 18(f) appliedRequest for copy of file of deceased brother held by NZSIS
Case notesReleasing information in alternative form enabled accountability without prejudicing security or efficient working of agencyRequest for property valuation data which was available for purchase
Case notesInformation available for a charge is publicly available—s 17(d) appliedRequest for staff interview records
Case notesSection 9(2)(ba)(i) OIA applied to staff interview records—implied obligation of confidence—release would be likely to prejudice the future supply of information to auditors—it is in the public interest for staff members to cooperate with audits—no publInvestigation of the Department of Corrections in relation to the complaint procedures of Corrections Inmate Employment
Systemic investigationsCorrections Inmate Employment (CIE) is a branch of the Department of Corrections’ (the Department) Rehabilitation and Re-integration Services group. It operates various industries at the prisons, which afford prisoners employment while they are in prison. Following the receipt of complaints from prisoners employed by CIE, concern was expressed about how CIE was handling prisoners’ complaints. I was uncertain whether this concern was justified. I decided it was appropriate on my own motion to undertake an investigation into the efficiency and effectiveness of the complaint procedures by which prisoners employed by CIE may complain to the Department about CIE and its staff.Charge for the supply of information about Southern Saltmarsh Mosquito Eradication Programme
Case notesUnreasonable to increase charge that had already been fixed and agreed by the requester.Charge for supply of information about Treaty claim over three year period
Case notesNo remission of charge in the public interest or due to hardshipRequest for Hazardous Activities and Industries List
OpinionsOn 4 September 2008 Mr Sharpe sought from the Council “details of the 3099 ‘Unverified HAIL’ sites in the region, i.e. their location and the activity/industry that are known to have the potential to cause land contamination”.Charge for supply of board minutes
Case notesCannot charge for administrative costs associated with the way an agency chooses to process a request—charge reduced—no remission of charge in the public interest or due to personal hardshipImmigration New Zealand’s advice to Associate Minister of Immigration unreasonable
Case notesImmigration New Zealand (INZ)—misleading and inadequate advice provided to Associate Minister of ImmigrationImmigration New Zealand officials’ poor record keeping resulted in unreasonable intervention in appeal process
Case notesImmigration New Zealand (INZ)—incorrect advice given to complainant based on misunderstanding of complainant’s situation—misunderstanding caused by lack of proper record keeping by INZ—failure to refer complainant to her legal advisor before she made a significant change to her immigration situation—removal order cancelled, person returned to NZ with ongoing permitsImmigration New Zealand unreasonable to stamp decline in passport
Case notesImmigration New Zealand unreasonable to stamp passport to show application was declined when no legal authority for this practiceDepartment of Internal Affairs accepts process cancelling citizenship managed unreasonably
Case notesComplaint about decision of Department of Internal Affairs (DIA) to de-register complainant’s NZ citizenship by descent - complainant adopted in India by uncle who was NZ citizen - adoption considered to be a ‘recognised overseas adoption’ and complainant was registered as a citizen by descent in October 2002